MAGADH: The Patna High Court has refused to quash the FIR registered against former Vice-Chancellor of Magadh University Dr. Rajendra Prasad charged with a corruption case.
The Bench of Justice Ashutosh Kumar dismissed his plea for anticipatory bail and ordered, “If the petitioner surrenders before the Special Court and makes an application for bail, the petition shall be considered on its merits without prejudice to any remarks made in this order.”
He was charged under section 120B (criminal conspiracy to commit offence), section 420 (forgery) of the IPC, and various sections of the Prevention of Corruption Act.
Dr. Prasad is said to have bypassed all the rules and procedural formalities in his capacity as Vice Vice-Chancellor of the University, by making purchases of papers and other stationery items from different persons, thereby causing losses to the State exchequer as also to the University.
The FIR was sought to be quashed on the sole ground that it is in derogation of the newly added Section 17A of the Prevention of Corruption Act, 1988 which provides that a prior sanction of the authority competent to remove the petitioner from his office must be obtained, before inquiring or investigating into any offence alleged to have been committed by him in his capacity as Vice-Chancellor, as the offences alleged are prima facie relatable to a decision taken by him in the discharge of his official functions or duties.
In the order, The Court observed that the gravity of the offense alleged to be committed by the Vice-Chancellor, his making attempts at influencing the witnesses and tampering with the evidence, and not cooperating with the investigation, the respondent SVU has made out a case for custodial interrogation of the petitioner.
DOWNLOAD OUR FREE LEGAL MAGAZINE – LAW MANTHAN 1ST EDITION
(MARCH – APRIL 2022)